Defendant closing arguments were struck from the record during a Johnson and Johnson baby powder lawsuit trial due to unprofessional comments, according to the American Bar Association’s journal.
During closing arguments in a Johnson & Johnson baby powder lawsuit trial, the massive company’s attorney reportedly suggested that the plaintiffs had simply created evidence to back their claims. “When you don’t have evidence, sometimes you have to create it,” the lawyer reportedly said during her closing arguments.
The Johnson and Johnson lawyer reportedly referenced studies of talc miners which showed no mesothelioma cases, only dust-related diseases such as asbestosis. Based on this evidence, she urged the jury to give “a big company a fair shake.”
“You can see the difference between science, the truth and facts in the real world, and lawsuit fiction,” the lawyer reportedly said.
The plaintiff’s counsel accused the Johnson and Johnson attorney of violating professional conduct guidelines with her comments and called on the judge to intervene. Middlesex County Superior Court Judge Anna C. Viscomi agreed with plaintiff attorneys and struck the defendant’s closing statements from the record.
“What could have been a good closing statement commenting on the evidence was replete with conduct this court has already warned you about,” Judge Viscomi told the Johnson and Johnson attorney. “To leave in only the appropriate comments on the record would be impossible.”
When Johnson and Johnson’s lawyer opposed the move, calling it “draconian and unfair,” the judge told her to “stop the outbursts.”
The four plaintiffs in the Johnson and Johnson baby powder lawsuit claim to have developed mesothelioma as a result of using the company’s baby powder products.
Mesothelioma is a dangerous form of cancer that results in tumors in the mesothelium – the layer of tissue that covers most internal organs. According to the Mayo Clinic, this deadly cancer can affect the lung lining (pleura), abdominal lining (peritoneum), heart lining (pericardium), and other parts of the body, although pleural mesothelioma (affecting the lungs) is the most common.
Symptoms may vary depending on where the cancer is found. Pleural mesothelioma can result in chest pain, shortness of breath, coughing, unexplained weight loss, and other symptoms. Peritoneal mesothelioma can result in abdominal pain and swelling, nausea, unexplained weight loss, and more. Pericardial mesothelioma can result in symptoms such as chest pain and breathing difficulties.
The primary cause of mesothelioma is exposure to asbestos. Almost all cases of the cancer are associated with the carcinogenic material. Unfortunately, asbestos has a long latency period. This means that people may not develop mesothelioma until 20 or more years after they were exposed to asbestos.
The plaintiffs in the Johnson and Johnson baby powder lawsuit claim that Johnson and Johnson uses talc that is contaminated with asbestos when manufacturing its baby powder products. Numerous lawsuits have accused the large company of similar misconduct, according to a report by Reuters, claiming that consumers have developed mesothelioma and other cancers due to the asbestos found in Johnson and Johnson products.
The Johnson and Johnson Baby Powder Lawsuits are Case Nos. L-1809-17, L-932-17, L-7049-16, and L-6040-17 in the Superior Court of the State of New Jersey, County of Middlesex.
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